Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 365R

365R Preliminary point of law

(1) An application under the Commercial Arbitration Act 2013 , section 27J for leave to apply for the determination of a question of law arising in the course of an arbitration and, if leave is granted, for the determination of the question of law must be in the approved form.

(2) The application must be accompanied by an affidavit—

(a) exhibiting—

(i) a copy of the arbitration agreement; and

(ii) evidence of the consent of the arbitrator or the consent of all the other parties as required by the Commercial Arbitration Act 2013 , section 27J (2) ; and

(b) identifying—

(i) the name and usual or last known place of business or residence of any person whose interest might be affected by the proposed determination of the question of law or, if the person is a company, the last known registered office of the company; and

(ii) the nature of the dispute with sufficient particularity to give an understanding of the context in which the question of law arises; and

(iii) the facts on the basis of which the question of law is to be determined and the basis on which those facts are stated, including whether they are agreed, assumed, found by the arbitral tribunal or otherwise; and

(iv) the detailed grounds on which it is contended that leave should be granted.

(3) The application and supporting affidavit must be served on any person whose interest might be affected by the determination of the question of law.

(4) The court may, if it considers it appropriate, hear and determine the question of law at the same time as the application for leave to apply for the determination of the question.

(5) If the court first hears and grants the application for leave, it may make the orders it considers appropriate for the hearing and determination of the question of law.